Parkview Apts. Corp. v Arthur Pryce & Cornelia Roberts-pryce
Motion No: 2016-02071 WC
Slip Opinion No: 2016 NY Slip Op 91596(U)
Decided on November 9, 2016
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

2016-2071 W C
Parkview Apartments Corp., Respondent, v
Arthur Pryce and Cornelia Roberts-Pryce, Appellants.

Motion by appellants to be restored to possession of the subject apartment pending the determination of an appeal from an order of the Justice Court of the Town of Ossining, Westchester County, dated August 15, 2016, for a stay, for, in effect, summary reversal and for other relief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to be restored to possession of the subject apartment pending the determination of the appeal is granted and respondent is directed to restore appellants to possession forthwith; and it is further,

ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition that within 10 days of the date of this decision and order on motion appellants pay respondent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent and continue to pay respondent use and occupancy at a like rate as it becomes due, and on the further condition that appellants perfect the appeal on or before February 3, 2017; and it is further,

ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice; and it is further,

ORDERED that the remainder of the motion is denied.

ENTER:

Paul Kenny

Chief Clerk